Who may operate a cosmetic laser in New York?
Oversight · part of The Practice Perimeter
Short answer
Laser work reaching the basement membrane or deeper is the practice of medicine — it must be done by a physician, PA, or NP, or by a registered nurse carrying out their order under general supervision; laser hair removal sits outside that determination.
On March 7, 2025 the New York State Board for Medicine determined that using any energy device, including a laser, which affects the basement membrane or deeper tissue (the dermis or fat) to treat a physical condition is the practice of medicine. The Education Department has adopted that determination for every physical condition EXCEPT laser hair removal, on which — relying on People v. Lehrman — it has not acted. So laser skin rejuvenation, tattoo removal, lesion removal and spider-vein treatment are medical acts in New York, while laser hair removal sits outside the adopted determination.
N.Y. State Board for Medicine — Use of Energy Devices Including Lasers as the Practice of Medicine (Mar. 7, 2025) · verified Aug 17, 2026 · regulatory monitoring, not legal advice
Related New York rules
The Board grades energy devices by how deep they act and who may therefore operate them. Class I (surface only — e.g. handheld LED) is not the practice of medicine and may be performed by trained non-licensed professionals such as aestheticians. Class II (non-ablative devices including IPL and non-ablative hair-removal lasers) and Class IIIa (low-risk devices such as low-level laser therapy) are also not the practice of medicine, but require trained non-licensed personnel to work under supervision. Class IIIb (medium-powered, upper dermis — e.g. Thermage) and Class IV (high-powered, dermis and deeper — e.g. CO2 resurfacing, deep RF, laser lipolysis) ARE the practice of medicine; Class IIIb requires licensed medical professionals or supervised personnel, and Class IV is restricted to licensed medical professionals exclusively.
N.Y. State Board for Medicine — Use of Energy Devices Including Lasers as the Practice of Medicine (Mar. 7, 2025), Energy Device Classification Table · verified Aug 17, 2026
Only registered professional nurses, under the general supervision of a licensed physician, physician assistant, or nurse practitioner, may carry out orders for treatment involving energy devices. Registered nurses are also the only professionals other than licensed medical practitioners authorized to perform the patient assessment that the Board requires before, during and after every energy-device treatment.
N.Y. State Board for Medicine — Use of Energy Devices Including Lasers as the Practice of Medicine (Mar. 7, 2025) · verified Aug 17, 2026
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